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A New Tax System (Family Assistance and Related Measures) Act 2000
64AVarying determination so that a limit of 50 hours in a week applies
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#### 64A Varying determination so that a limit of 50 hours in a week applies
Determination to which this section applies
(1) This section applies to a determination of a weekly limit of hours:
(a) in force under section 50H in respect of a claimant who is an individual and a child; or
(b) in force under section 54C, in respect of a claimant that is an approved child care service and a child.
Variation by Secretary on application
(2) A determination to which this section applies may be varied by the Secretary on application so that a limit of 50 hours in a week applies if:
(a) a circumstance listed in subsection 54(2), (3), (4), (5), (6), (7), (8), (9), (12), (13) or (14) of the Family Assistance Act applies in the week; and
(b) a limit of more than 50 hours does not apply in the week; and
(c) a 24 hour care limit does not apply in the week.
Who may apply
(3) An application under subsection (2) must be made by:
(a) the claimant, if a circumstance listed in subsection 54(2), (3), (4), (5), (6), (7), (8), (9), (13) or (14) of the Family Assistance Act applies in the week; or
(b) the approved child care service providing care to the child, if a circumstance listed in subsection 54(12) of that Act applies in the week.
Variation is taken to have been made if an approved child care service gives certificate
(4) A determination to which this section applies is taken to have been varied so that a limit of 50 hours in a week applies if the approved child care service providing the care to the child gives a certificate under subsection 54(10) of the Family Assistance Act in respect of the week.
Section 59F and 62C variations prevail
(5) If:
(a) when a variation under subsection (2) takes place, a variation is in force under section 59F or 62C; and
(b) the variation under section 59F or 62C has effect for any period when the variation under this section would have effect;
the variation under section 59F or 62C prevails over the variation under this section unless the variation under this section takes place because a circumstance listed in subsection 54(12) of the Family Assistance Act applies in a week.